FDA isn’t alone in targeting male enhancement products laced with drugs

A company selling male enhancement products has devised a strategy to target competing products adulterated with undeclared drugs: sue the retailers that sell them.

Attorney Robert Tauler can relate to the challenges facing FDA in holding accountable distributors of products marketed as dietary supplements but contaminated with undeclared prescription drugs.

His law office, Tauler Smith LLP, has estimated there are 10,000 name variations of similar male enhancement products containing adulterants. They feature such names as Black Mamba Premium, Rhino 8 Platinum 8000 and Stiff Nights.

Read full article at Natural Products Insider.

Fraud Case Against Puls Technologies Headed to Trial

Multimillion-dollar startup and founder Itai Hirsch alleged to have defrauded early shareholder; plaintiff seeks to subpoena future investors

It is important that early stage employees who are promised equity obtain full discovery of what was told to future investors about them…”

— Attorney Robert Tauler

A San Diego Superior Court judge indicated at a Nov. 30 hearing that subpoenas to investors in Puls Technologies would likely go forward in a case dealing with alleged early stage fraud. The underlying lawsuit accuses Puls Technologies Inc., of San Francisco, and its CEO Itai Hirsch of defrauding an early-stage shareholder out of millions of dollars, equivalent to a 5 percent stake in the company. The court also recently ruled that the lawsuit would go to trial, denying Puls’ and Hirch’s attempt at summary judgment.

Court papers allege that Hirsch was holding secret funding talks with Sequoia CapitaI that were not disclosed to the plaintiff. The fraud claim alleges that the plaintiff was dismissed from the company under false pretenses just weeks before Puls (then known as Cellsavers and based in San Diego) announced $3 million in funding in December 2015, the lawsuit states. Altogether, Puls has now raised over $90 million in funding, with $50 million just this year coming from multiple sources, including Samsung and Temasek, a holding company owned by the government of Singapore — thus dramatically increasing the value of the plaintiff’s stock, according to the claim.

“It is important that early stage employees who are promised equity obtain full discovery of what was told to future investors about them,” said Robert Tauler, the plaintiff’s Los Angeles attorney. “A lot of startups are financed in the shadows, and individuals who claim they are owed equity are entitled to know about all deals that impact their investment.”

According to the lawsuit, Hirsch kept the funding deal under wraps so that he could keep the plaintiff’s promised equity for himself and his new investors, while taking advantage of the plaintiff’s work — which was crucial in justifying the start-up’s valuation. Though a gamble, work-for-stock deals are not an unusual arrangement in the start-up world, with the potential of owning a valuable equity stake in a successful company.

“We are not sure at this time what Plaintiff’s stock is worth today, because valuations in start ups tend to fluctuate,” said Tauler, of Tauler Smith LLP. “Experts will be engaged to make this determination.”

Puls provides in-home repair and installation for electronic devices and smart homes, like a Lyft for technicians. It was recently named one of LinkedIn’s top start-ups to watch.

About Tauler Smith LLP
Tauler Smith LLP specializes in high-stakes commercial litigation representing both plaintiffs and defendants in a variety of areas, including business disputes, false advertising, the foreign corrupt practices act, and unfair competition.

Robert Frank
Newsroom Public Relations
+1 206-790-6324
robert@newsroompr.com

Tauler Smith prevails on Summary Judgment against IronMag Labs and Robert DiMaggio

Robert DiMaggio permanently enjoined from selling SARMs

In an eight page Order on Summary Judgment, Judge Manuel Real of the United States District Court for the Central District of California has ruled in favor of firm client Nutrition Distribution, LLC, ordering that Defendants IronMagLabs and Robert DiMaggio be permanently enjoined from selling SARMs.

“[I]t is indisputable that Defendants have made false statements regarding whether products containing Ostarine have side effects” read the Order, because “DiMaggio himself admitted at his deposition that Ostarine does have side effects, and the FDA has identified Ostarine and other SARMs as potentially dangerous to public health and safety.” The Court further found that “common sense requires a finding that statements denying the existence of negative health effects in a fitness product have a tendency to deceive a substantial segment of interested consumers.”

“We are very pleased that the Court has taken a firm stance on the legality of SARMs” said Robert Tauler, counsel of record for Nutrition Distribution, “the Court has put an end to DiMaggio’s sale of SARMs and has effectively ruled that the sale of such products is illegal.”

The Court’s Order ended by clearly stating “Defendants are permanently enjoined from

falsely advertising OSTA RX, Super DMZ 4.0, and other supplements containing Ostarine or other SARMs.”

“We look forward to the next phase, which will include briefing on Plaintiff obtaining an award of attorney’s fees,” said Tauler. “We will also be conducting more discovery into other companies DiMaggio sells SARMs to enforce this Order,” adding “it is important that companies putting profits over consumer safety pay the price.”

Judge: Lawsuits will proceed against retailers accused of selling illicit Viagra pills

SANTA MONICA, CALIF., USA, October 13, 2018 /EINPresswire.com/ — A superior court judge has allowed a lawsuit against a group of Santa Monica convenience stores allegedly selling supplements laced with prescription and unapproved drugs to proceed by denying a Chevron gas station’s defense motion to dismiss the case.

The ruling by Santa Monica Superior Court Judge Gerald Rosenberg on Oct. 20 means the owners have 20 days to respond to lawsuits accusing them of engaging in unfair competition and false advertising by selling falsely-labeled “all natural” and “safe” male enhancement pills. The Rhino-brand ingredient labels do not list their inclusion of sildenafil – the active ingredient in Viagra.

The local lawsuits only address the stores’ civil violations, though the sale of prescription drugs by anyone other than a licensed pharmacist is prohibited under state and federal regulatory laws.

“The judge’s decision should make it crystal clear that retailers selling this potentially deadly drug face civil liability for putting people’s lives in danger,” said Robert Tauler, a principal at Tauler Smith LLP, in Los Angeles and a nationally-recognized expert in adulterated health supplements and false advertising law.

Using Viagra without a doctor’s supervision can result in serious penile injuries (blood clots and amputation, for instance,) heart attacks, stroke and vision problems. Men have died after taking Viagra-laced “all natural” erectile dysfunction pills like those identified in the suit.

Tauler represents Houston-based Outlaw Laboratory LP, which makes competing natural products that meet strict FDA dietary supplement regulations. Federal law allows competitors to sue retailers for false advertising if products contain secret ingredients. The products named in the lawsuit do not disclose the presence of hidden drugs such as sildenafil, tadalafil and dapoxetine on their labels.

C. Kerry Fields, University of Southern California business ethics and product liability expert, told the Santa Monica Mirror in June that businesses selling products containing secret ingredients put themselves in serious legal peril. “There may be a good margin selling those products but it’s not worth the risk because they are representing to the public that their goods are safe… Consumers might sue them as well…,” Fields told the Mirror.

 

Read the full press release on EINNews.com.

Ruling favors Nutrition Distribution in false advertising claim against Pep Research

In the underlying case, which began in 2016, Nutrition Distribution sued its rival under the Lanham Act and later added the claim the company was in the violation of the Racketeer Influenced and Corrupt Organization (RICO) Act.

A federal magistrate judge has favored the plaintiff in a discovery dispute over false advertising claims involving two nutrition supplement companies.

Visit Northern California Record for the full article.

Tauler Smith LLP files lawsuit in Michigan against convenience stores

The suit filed in Detroit federal court accuses the companies that own the gas stations and covenience stores of selling pills that are billed as sexual enhancement supplements, which lab tests have found actually contain drugs such as sildenafil, desmethyl carbodenafil, dapoxetine and tadalafil.

Check out the coverage by various local TV stations and newspapers in Michigan:

WJBK (Fox) Detroit: http://www.fox2detroit.com/news/local-news/lawsuit-detroit-gas-stations-selling-male-enhancement-pills-with-hidden-active-ingredients

WXYZ (ABC) Detroit: https://www.youtube.com/watch?v=TD5H_gL5mws

WDIV (NBC) Detroit: https://www.clickondetroit.com/news/metro-detroit-gas-stations-accused-of-selling-viagra-to-unsuspecting-customers

WWJ News Radio, Detroit: https://wwjnewsradio.radio.com/articles/detroit-gas-stations-named-federal-lawsuit-selling-viagra-without-prescription

Detroit Free Press, Detroit: https://www.freep.com/story/news/local/michigan/detroit/2018/08/13/do-you-need-prescription-viagra/974946002/

Metro Times, Detroit: https://www.metrotimes.com/news-hits/archives/2018/08/13/sunoco-may-be-selling-viagra-disguised-as-enhancement-pills

Courthouse News: https://www.courthousenews.com/gas-stations-accused-of-selling-illegal-male-enhancement-drugs/

Texas gas stations secretly selling Viagra are exposed by False Advertising Law Firm Tauler Smith LLP

The suit filed in Houston federal court accuses the companies that own the gas stations of selling pills that are billed as sexual enhancement supplements, which lab tests have found actually contain drugs such as sildenafil, desmethyl carbodenafil, dapoxetine and tadalafil.

Check out the coverage by various local TV stations in Texas:

KTRK/CNN Tyler, Texas: https://www.easttexasmatters.com/news/top-stories/gas-stations-selling-illegal-viagra/1351659361

KGNS (NBC) Laredo, Texas: http://www.kgns.tv/content/news/Texas-lawyer-sues-gas-stations-over-490283331.html

KXAN (NBC) Austin, Texas: https://www.kxan.com/news/texas/lawsuit-houston-convenience-stores-sell-viagra-laced-supplements/1351083377

Channel 2 (NBC) Houston, Texas: https://www.click2houston.com/video/15-convenience-stores-accused-of-selling-pills-with-drug-found-in-viagra

ABC 13 Houston, Texas: https://abc13.com/health/viagra-laced-pills-allegedly-being-sold-at-houston-gas-stations/3895662/

Legal Reader – Are San Diego Stores Selling Tainted ‘Love Pills?’ One Lawsuit Says So

According to a lawsuit recently filed in San Diego, “illegal and dangerous erection-inducing products containing Viagra and Cialis are being deceptively sold across” in convenience stores, liquor, and smoke shops throughout the city. Many of the products are labeled with “sexually suggestive names, including Black Stallion 35000, Rhino 69, and New Stiff Nights Platinum 10K” and are marketed as dietary or natural supplements.

Read full article on legalreader.com.

LA Times – Lawsuit claims San Diego stores sell tainted love pills

Illegal and dangerous erection-inducing products containing Viagra and Cialis are being deceptively sold across San Diego, according to a lawsuit against dozens of San Diego convenience stores.

The products often bear sexually suggestive names like Black Stallion 35000Rhino 69, and New Stiff Nights Platinum 10K. They’re sold in convenience stores, liquor and smoke shops, as dietary or natural supplements.

Read full article on Los Angeles Times.

Telemundo TV – Productos no regulados para la disfunción eréctil

A false advertising lawsuit filed in San Diego Tauler Smith, LLP claims that convenience stores are selling non regulated “male enhancement” pills that contain undisclosed drugs including Viagra.

View full video and article at https://www.telemundo20.com/videos/noticias/eeuu/no-la-dejaron-volar-con-su-violoncello-miami-chicago-american-airlines-490253961.html